About this Show

America Live

News/Business. Breaking news and interviews. New.

NETWORK

DURATION
02:00:00

RATING

SCANNED IN
San Francisco, CA, USA

SOURCE
Comcast Cable

TUNER
Virtual Ch. 760 (FOX NEWS HD)

VIDEO CODEC
mpeg2video

AUDIO CODEC
ac3

PIXEL WIDTH
1280

PIXEL HEIGHT
720

TOPIC FREQUENCY

Us 15, Megyn 9, America 9, Boehner 8, Mexico 8, Jay Carney 6, Newtown 6, Orbitz 5, Adam Lanza 5, Hollywood 5, Pentagon 4, Gene Rosen 4, Obama 4, Michigan 4, Washington 4, Michael Reagan 4, U.s. 4, Syria 3, Blueberry Pomegranate 3, Connecticut 3,
Borrow a DVD
of this show
  FOX News    America Live    News/Business. Breaking  
   news and interviews. New.  

    December 18, 2012
    10:00 - 12:00pm PST  

10:00am
megyn: it is a source of bad cliches. too many to mention. we're all probably tired of the term fiscal cliff but apparently everyone is not affected in the same way. jon: right. >> the napa valley winery, the cliffside winery, the cliffside, winery, order from d.c., maryland, virginia are up 15% since the fiscal cliff debate caught on. they told "the wall street journal" a lot of customers are mentioning the fiscal cliff when they place their orders. no word on drinking games. jon: somebody has money to spend. thanks for joining us. >> they're all in d.c. interesting. "america live" starts right now. megyn: fox news alert on the investigation into the school shooting in newtown, connecticut. a new report today says police have yet to find any evidence that the accused gunman was on medication for
10:01am
my mental health issues. welcome to "america live", everyone. i'm megyn kelly. family members and friends described newtown gunman adam lanza suffering from some type of mental illness or mental disorder which could have contributed to the murderous rampage. but at this point police are still trying to get their hands on his medical records. a white house brief is getting underway. we expect the issue of gun violence may come up. it has in the past couple days. sunday night president obama said this was the 4th time in his presidency that a community has been torn apart by a mass shooting. he promised to do everything in his power to prevent another tragedy. several reporters pressed the press secretary jay carney on this issue, asking why the president has not done more to take the lead on this issue? >> in the october presidential debate the president said one of the debates, weapons that were designed for soldiers in war theaters don't belong on our streets. can you name one thing the
10:02am
president has done in the last four years to help remove weapons of war from our streets? >> you know, there is no question, jake, that the scourge of gun violence is a problem that has not sufficiently been addressed because, as we saw in few down, we continued to -- new town, we continue to tragedies that hurt innocent victims. the president supports the assault weapons ban and reinstatement. >> one measure, one act, one to remove the weapons of war that he talks about? >> again he supports legislation that is designed to ban some weapons but as you know --. megyn: guy benson, radio talk show host and political editor at townhall.com. welcome back to the program. >> thank you, megyn. megyn: the reporter from abc news jake tapper asking for one, name one thing. this is a democratic president, and you know, you
10:03am
could hear jay carney other than sort of speaking about some theoretical support for a renewed assault weapons ban could not point to one. this is something he has taken considerable flak from the left on because they like this assault weapons ban that was in place from '94 to 2004. the president has given a lot of rhetoric about this ban. now the questions are increasing about what action, if any he is willing to take. are the media, are they asking the right questions and what are we to make of answers we got from mr. carney? >> they're interesting questions, that's for sure, megyn and in terms of the responses we saw from the white house press secretary yesterday and in recent days i think it really does come down to two points. one is politics and the other is practical reality. i think it is important to stipulate of course the president abhores these types of heinous and horrific acts. we all do. we're all mourning and just horrified what we saw. when the president spoke
10:04am
especially in the immediate aftermath he sort of had to compose himself. a father of two young girls. this is something that the nation comes together to mourn over but at the end of the day he is still the president of the united states and politics is something that involves something prioritizing and actions speak louder than words. jay carney in a later clip you didn't play, to rank the priorities. is this a top priority? biel not try to rank those priorities. the fact is we've seen the president go full-court press on stimulus, obamacare, now tax hikes. they have to sort of draw some lines in the sand and pick their spots and it appears this is not something that is truth be told at the very top of their list. megyn: some in the wake of the tragedy we saw on friday and not just that one but the ones we've seen in recent weeks, have decided to take aim at folks on the right who do not support a renewed assault weapons ban. who believe in more robust
10:05am
second amendment gun rights. and take issue with their position. you know saying somehow they had a hand in this. somehow they should feel responsible for what happened. >> yeah. megyn: but the president appears to be on the same page in terms of actions with those very people. he ran for office he said he was going to support, he was going to press for an assault weapons ban. you saw jake tapper trying to get at, well, what specifically has he done? name one thing he has done? because even the left has been saying since he took office where is the leadership been on that? >> yeah. i think some of the fingerpointing that you describe, megyn, is really unfortunate. some of the people who are clamoring loudest for so-called national conversation about guns and by the way i think it should really include mental illness and a few other factors here but if we want to have a national conversation pointing a finger trying to indict half the country you somehow are costicly responsible for stuff like this is very
10:06am
unconstructive way to begin that conversation. megyn: it is a good way to alienate your adversary, your adversary who may come over to your side. when they start to come over to your side you shouldn't ridicule them and blame them. you said say, welcome over? >> when it comes to what the president is prioritizing here, look at public opinion polling last 40 years, especially the last couple years the percentage of public supports broad based far-reaching gun control is at an all-time low. meanwhile gun ownership is all-time high and violent crime is down. megyn: that is true. even recent pew poll showed more people favor, more robust gun rights than they do constrictions on gun rights. however, the people who are in the gun control camp say, it would help if we had a leader who would give us a full-throated advocacy of why a gun, more gun restrictions would help. >> sure. and i think, megyn, by and
10:07am
large the president's reputation as a pragmatist in my view is vastly overstated but i do wonder in this particular case maybe is there some pragmatism from the white house? we heard from the president and jay carney the word complex a lot. this a complex problem. i wholeheartedly agree. people say we have to do something. i understand that impulse. seeing slaughtered, defenseless children. how can you not have a human reaction that we have to do something but the standard and the threshold for action has to involve empirical evidence and i wonder if the white house realizes, all these gun laws talked about would have single one of them actually prevented this tragedy? if you look at it clear eyed, which is difficult to do at this point in time the answer is no. that is tough reality to sort of grapple with. megyn: because we want something to blame that we can do something about. >> right. the feel, the feeling of doing something. megyn: mental situation now. but his mother did own those
10:08am
guns legally. just seems like if you put everything on the table, put everything on the table as you say. gun control, let's look into it. mental health, let's look into it. videogames, whatever it is. there can't be instant judgment, oh, they raised gun control, they raised videogames, oh, they raised mental health. put it on the table to have a honest discussion about it and let's have both sides represented so we can hear what the as you say the empirical facts are and not just spin from people that have an agenda. guy, thank you. >> thank you, megyn. megyn: as the newtown shooting blossoms into a national debate on gun control both sides are bringing upjohn hinckley's sags nation attempt on president reagan and president reagan's position on guns after that happen. today michael reagan explains, well he explores long-held myths about his father's stand in must-see interview. this is the first we heard from him since what happened on friday.
10:09am
we'll talk to a man who knows all too well the dangers of gun violence but what the solutions are, as you know, that's still a question. as lawmakers focus on legislation after newtown we're hearing new heartwrenching stories of some of the people who helped survivors in moments after the attack including the smallest children. on friday morning gene rosen walked up to his house and discovered a group of 6-year-olds patiently standing on his driveway near the sandy hook elementary school. it wasn't until he brought them inside. comforted them, giving some of his grandchildren's stuffed animals and juice he learned exactly what they had been through. today gene rosen joins us live to explain what those children told him and why he says these young survivors taught him about the true meaning of strength in the face of overwhelming tragedy. don't miss that. that is coming up in a bit. welling right -- developing right now on capitol hill, a fierce back and forth between the
10:10am
president and the speaker of the house between a possible plan to avoid billions in tax hikes and spending cuts. it at one point looked like a deal might be close. right now we're hearing there are some problems. campaign carl cameron chief political correspondent from washington. >> reporter: shocker problems in washington, hey, megyn. there are proposals going back and forth from either end of pennsylvania avenue. speaker boehner and republicans and president and the white house. boehner says negotiations still continue. there is lot of communication still open. he offered up what he said was the b plan, that would be in place if there is no ability to avoid going over the fiscal cliff and thus seeing after the first of the year massive spending cuts and huge tax increases that a lot of people would throw the country back into recession. boehner's b plan is ignore the spending come plont of the fiscal cliff problem and focusing on tax cuts. with the belief raising taxes on struggling economy
10:11am
like this would be devastating. he offered up that plan. this would be not a replacement or counteroffer for the big deal, but just in case they couldn't get one. watch. >> so at the same time that we're going to continue to talk with the president we're going to also move plan b. i think we all know that every income tax filer in america is going to pay a higher rates come january the 1st unless congress acts. so i believe it's important that we protect as many american taxpayers as we can. and our plan b would protect american taxpayers who make a million dollars or less. >> reporter: so in essence the bush tax cuts would be extended leaving tax rates as they are for everybody that makes under a million dollars. it took a nanosecond for the white house to jump all over it. jay carney said he, meaning the president is not willing to accept a deal that doesn't ask enough of the
10:12am
very wealthiest in taxes and incity shifts the burden to mid. it does little to address our fiscal challenges with zero spending cuts. whifl president republican argument all along the democrats have not been serious about dealing with serious spending cuts and they're the ones who are not coming to the table. there was a meeting this morning between boehner and republicans outlining this. there will be another one at 5:00 to talk about the implementation and vote on it. they would like the plan b to be on the house floor as soon as thursday. megyn? megyn: carl cameron, thank you. new reports of a possible criminal investigation into the film on the death of usama bin laden. we'll look why the movie, zero dark 30, is sparking a new debate whether the administration used torture to track down bin laden and as well another debate on why one top official at the pentagon is now suspected of spilling state secrets to hollywood producers. plus an nbc news
10:13am
reporter is telling a frightening story of capture and torture after he managed to get free from a group of syrian rebels earlier today. see what happened when you hear from that reporter telling his story. and the next big drama in america's health care upheaval as we hear only 15 states agreed to provide coverage to the uninsured. we'll debate whether the feds are up to the challenge, a challenge they apparently never planned for. >> but we have to pass the bill so the that you can find out what is in it. away from the fog of the controversy. hi. i'm henry winkler.
10:14am
and i'm here to tell homeowners that are 62 and older about a great way to live a better retirement.
10:15am
it's called a reverse mortgage. [ male announcer ] call right now to receive your free dvd and booklet with no obligation. it answers questions like how a reverse mortgage works, how much you qualify for, the ways to receive your money, and more. plus, when you call now, you'll get this magnifier with l.e.d. light absolutely free. when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home. and here's the best part -- you still own your home. take control of your retirement today. ♪ ♪
10:16am
>> can i be honest with you? i am bad news. i'm not your friend. i'm not going to help you. i'm going to break you. any questions? megyn: that is just part of a scene from the controversial film on the hunt for usama bin laden that is sparking a growing debate on the administration's position on torture. one of the top democrats in washington now says film-makers of "zero dark thirty", quote, made up the scene of enhanced interrogations. that may or may not have led to the terror leader's doorstep. but as film-makers swear they got their information straight from the cia, we are also getting breaking news today on a possible criminal investigation into
10:17am
whether someone may have spilled some sensitive intelligence to hollywood directors. we have the ceo of concerned veterans for america and with me now. pete, let's start with the latest news and that is there apparently has been a pentagon investigation into who, if any, was leaking to the folks behind this film, "zero dark thirty", which is about how we got bin laden. those pentagon investigators reportedly concluded that this senior defense department official, michael vickers who is mentioned as possible candidate to succeed petraeus at the cia, leaked restricted information to the makers of this film and, and that's, that pentagon investigators are concluding that and referred the case to the doj. >> yeah. megyn: vickers and others behind him say if he did it, he did it at somebody else's direction. don't point the finger at vickers. my fake wade on this, and --
10:18am
takeaway on this and you put it into perspective, somebody leaked something they shouldn't have leaked to the film-makers of this movie. >> yeah. we have unsurfaced solid evidence i believe what was charged back in august 2011, when representative peter king pressed this issue for this investigation. it appears member of seal team six name was released to the hollywood producers. the name of a currently serving seal team six commander. doesn't sound he was on the raid to bin laden but was able to provide first-hand accounts about it. vickers talks about a couple quotes pulled out about it. sounds like almost casual. i don't think someone like vickers is looking to give out national security information to hollywood producers. like hear is the name of a seal you could talk to give you inside information. that is big no, no. i understand making films are accurate. we want films to accurately depict history but if we're giving out classified information in the process, that is no good.
10:19am
megyn: they will look into that and we'll see what if anything comes from it. but at the same time, there is this emerging question about whether the obama administration is guilty of the same tactics they were critical of the bush administration on, namely, waterboarding and enhanced interrogation. this movie seems to suggest that we did engage in waterboarding in order to get the identity of that courier who was bringing things into the bin laden compound and who did prove to be critical in our ability to locate bin laden. >> yeah, it's a he said/she said because no one actually has seen the film and only a small subset have characterized it. what it comes down to the left doesn't want to admit that enhanced interrogation works in any way or in any way led to the capture of bin laden. they're locked in on that. so the film has to misrepresent history if it leads a, to b, to c, to bin laden. those who understand enhanced interrogation techniques, whether they're
10:20am
right or wrong, they work. after 9/11 they were used on a certain subset, small segment of detainees to gather information, some of which may have led to the capture of bin laden. how the film depicts it i'm not quite sure. i haven't seen it but you can't deny the fact that enhanced tear gags -- interrogation good or bad led to more intelligence and led to high level captures. megyn: there is apparently extended interrogation scene shows a terrorist being described as composite character, being waterboarded, deprived of sleep, chained to the ceiling, being beaten severely and forced into a small box. dianne feinstein who chairs the senate intel committee says look, we didn't do any waterboarding when we interrogated bin laden's courier at least. then the director, catherine bigelow comes out and says the film is based fully on first-hand accounts of the investigation. bigelow seems to be saying you did torture. we got this directly from officials in the know.
10:21am
and dianne feinstein and others are suggesting, no, we didn't. what do you make of it? >> wouldn't have been waterboarding of the courier. waterboarding of a select few, khalid sheikh mohammed and few others after 9/11 we identified we were using this technique. i think there is a lot of he said/she said. there is three-year investigation ongoing which will be the definitive report on enhanced interrogation techniques and efficacy. she has access to that. did war boarding lead to the name of the currier? maybe not. did waterboarding lead to other information that led to the courier? possibly. a to b to c is good intelligence work and it could have started with good enhanced interrogation techniques. we don't know at this point. megyn: is the waterboarding portrayed in the film supposedly taken place under president obama? >> i don't think so. megyn: there is debate whether the intel that was
10:22am
gleaned in any prior waterboarding proved integral to nabbing bin laden. >> that's what it seems but the movie seems to sort of suggest that president obama knew about it because it goes straight from the interrogation to a speech from president obama. so there's, there's some hollywood timelinism in there that connects the president to those particular techniques which he has said from day one he stopped using. you have to say probably a little hollywood flair and might help us all to go see the movie on january 11. megyn: we'll see what the doj does with mr. vickers. thank you so much, pete. >> thank you, megyn. megyn: the president's overhaul of health care was based on critical implementation of health care exchanges but states say no [ loud party sounds ]
10:23am
hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.
10:24am
10:25am
megyn: there is an ironic
10:26am
twist to the shooting in connecticut that touched off a new gun debate. we are getting reports that gun sales are soaring in a number of states over the last few days. trace gallagher has details from our west coast newsroom. trace? >> reporter: megyn, if you go back it columbine, aurora, and virginia tech, every time there is mass shooting in this country, gun sales dramatically rise. experts say that is for a couple reasons. one, for personal safety. and two, the people believe the government will ban certain types of weapons like assault rifles. here are two different views on the issue. listen. >> as far as assault weapons, i don't think it is necessary. pistol works just as fine. >> instances like this create a knee-jerk reaction. they have got to look at something to vilify. so much easier to vilify a gun than it is a system that it has holes in it that needs to it be fixed. >> reporter: the day after the connecticut shooting the colorado bureau of investigation had 4154
10:27am
requests for background checks on gun buyers. they simply could not process them that fast. and they are still today trying to clear up the backlog. the national instant criminal background check is experiencing similar numbers to colorado. in indiana, gun sales are seeing an uptick in semiautomatic sport rifles as well as handguns, ammunition and even holsters. a gun shop in racine, wisconsin, all of last year they sold three ar-15 assault rifles like the one adam lanza used in connecticut school. last week they sold five. they might have sold more but they sold out of the five they had. keep in mind president clinton put a ban on assault rifles back in 1994. that ban expired in 2004. clearly many are convinced another ban will soon be in place. megyn: trace, thank you. well a big number of states are reducing to -- refusing to set up the health
10:28am
exchanges a critical part of president's health care overhaul. bottom line, what are name of airline things you go and look like, no, no not boarding pass. orbits, those little things we go on and say, i want the best flight for the best dollar. that is how these insurance exchanges are supposed to work. go online, i'm this age and i want the best insurance policy these states were supposed to set up these things. now the vast majority of them said, no we're not going to do it. so what does that mean? the feds have to do it? do you pay for that? how is that going to work? we'll talk about it right after the break. a u.s. veteran now being held in a notorious mexican prison chained to his bed. his parents join me live about the fight to free their son. >> i was shattered, i was just shattered. he looked so hopeless. as a mother to see your child look like that and not being able to help him is just, it feels obscene
10:29am
10:30am
10:31am
10:32am
megyn: we are getting new information on the capture of richard engel from nbc news. he's describing how the rebels kept him and his team tide and beat up. they made them choose which one would be shot first and then held mock shootings. we'll ha this in a live report in moment. the president's healthcare overhail was based on a critical net work of state exchanges. an online site that would help you figure out what plan you
10:33am
might be available for and how much it would cost you. all that takes bodies and resources. the states were supposed to do it. but the majority of state are saying they are not going to do it or at a minimum they want to partner with the federal government to do it. so there is a lot more work here for uncle sam than they anticipated when they passed this bill and when they funded this bill. where does that leave us today? less myanmar shawl and lars larson. the feds are saying we are going to subsidize health insurance for the people who can't afford it. it's like an orbitz. you go online. megyn kelly new york, how old are you -- you can like the up. medical background. race. they ask you all your background things. you plug in your information and somebody has to set up the online thing and be on the
10:34am
receiving end to process the info such as they can return back to you. if you qualify for the gold plan at this rate. this is the amount of subsidy you would get and this is how you go about getting it. 25 states have default ought states entirely and another 7 said we want at a minimum to partner with the feds. so you have got 32 states saying the federal government will be entirely or partially responsible. they didn't plan on that. how are they going to get this done? >> i think the money is actually there. what i hear is job creation whether it's on a state or federal level. megyn: there were reports they were talking about robbing peter to pay paul, taking it out of a different budget of the feds and using that money. it could be a billion plus, and using that money to set this up. >> the money they did plan on
10:35am
was money they would appropriate to each state. i'm assuming here now. that they would not be appropriating as much to a state that's going to say the federal government has to handle the setup of that healthcare orbitz entirely. i'm also hearing people said on the right like my buddy lars who we'll hear from in a minute, i can't wait -- what i hear is we want less federal government, but you guys handle this. we want power to go to the states and the states saying we can't handle this. come on. megyn: the states weren't the ones who passed obama-care. this was a federal effort and they were told by the feds you are doing it. >> this thing is a mess. >> a guy name mitt romney said the reason it worked in massachusetts and the reason when he was governor he signed off on it and wanted it was because it was a state-run
10:36am
program. this is at least a portion of the power and the implementation give to the various states. >> this thing has been a disaster. but you hit on one of the answers. if orbitz set this up, if private industry had done it. it would have been done better. they never would have set up a separate orbitz for every state in america. an awful lot of americans, the majority of american states oppose this plan. further, the exchanges are ridiculous because they will only deal with people who obtain their health insurance not from the government, and not from their employer which is the majority of the rest of the people not covered by medaid and medicare. they have to buy it individually and it will go to these exchanges. but in most exchanges you can bite expensive airline ticket
10:37am
other inexpensive airline ticket. this won't give you that choice because obama care mandates the minimum plan is a cadillac plan. so how much choice are you going to have when the federal government says this is the least you can offer which is everything into the plan kind of offer. megyn: that speaks to whether obama-care is good or bad pore inadequate or adequate. that ship has sailed. the law passed. now it's a question of whether this will be adequately implemented by the feds when they were not planning to be -- i like what you said, healthcare orbitz. they were not planning to run healthcare orbitz. >> they were funding it. and let me point something else out. megyn: funding it is different than having the bodies to set up the web site and do the processing, this age, this kind of a smoker, this challenge take. this family history. that takes people and resources.
10:38am
>> it there was already something for other kinds of insurance called quote smith where you could find quotes on other kinds of insurance. if private industry had done this we would have seen competition. i don't mean just in the kind of plan offered. you would have even the private city step to the fore. they offer products that are a, complicated, and b expensive. when people have choices. those kinds of things could have been done by private industry. but there is another wrinkle that only an albany law graduate would be able to figure out. it provided if you go to a state exchange and need the subsidy from the federal government the law allows for a check to be cut. if it's through the federal exchange the law appears to have a flaw tonight that does not allow the federal government to
10:39am
cut checks. that a real problem. megyn: there is another challenge that has to do with whether they can tax -- you know how you are supposed to pay a pen fat you don't insure your employees? these corporations that if they have more than 50 employees they have to pay a penalty. now there is a legal challenge bubbling up about whether that provision of the law can be sustained if the exchanges are run by the feds versus the states. i don't want to get that deep into it because your head will he can mowed. but this wrinkle opened up a new possible challenge to the core of the law. but the question i have for days where are they going to get the money? where are they going to get that extra money? is the cost of this law ballooning in a way that was not anticipated by some? >> i don't believe so for several reasons. one, i do feel the money that
10:40am
would be appropriated say here in california and we say you guys handle it. they won't give us the money for that because we won't be handling that. i don't seat issue with finances. lars, to your point about the insurance companies. all those big ceos at aetna and blue cross. they have the power before this was passed and they still have the tour lower their rates. so it amuses me when they say obama-care is going to increase rates that they have 100% control over sitting at the heads of their private companies. >> to her point. actuaries tell you what those policys have to cost. the marketplace and the real cost of doing it. you will see an awful lot of states. megyn: did you use the word actuaries? don't ever do that again. thank you so much.
10:41am
a new drama in the effort too save a u.s. marine chained to his prison bed. the biggest assist they may have gotten from an unlikely ally inside mexico. we'll hear firsthand about a news crew taken hostage in syria. my doctor told me calcium
10:42am
is efficiently absorbed in small continuous amounts. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release.
10:43am
10:44am
megyn: fox news alert on the fate of a u.s. marine locked up in mexico for months. we got a picture of him locked up inside of one of mexico's most dangerous prisons. his name is john hammer. shirtless and chained to a bed. we are told it was sent to his family from an anonymous mexican e-mail account. he faces charges for carrying this gun, a family heirloom,
10:45am
over the border. breaking earlier today a big group of businessmen inside the northern mexico pressed their own government for his release because they are worried about american tourists and making mexico attractive to us. a lot of americans are unhappy the way our marine is being treated by our so-called friend mexico. joining us, the parents of john hammer. a lot of americans are outraged by what's happening to your son. it seems somewhat clear he may have violated some mexican law about bringing the gun in. it may have been too short or too long by an inch. why didn't they just say when he stopped and showed them the gun. say can't take it, doesn't comply with our laws, turn around and go back home. >> i don't know for a fact. i can only speculate they were
10:46am
hoping that he would offer them a bribe. that was our -- that's what a lot of people have told us. if he had offered them a bribe he might have been able to avoid this. megyn: that comports with your experience. i know you got a call from this mexican prison and tell us what they demanded. >> they demanded money. for his safety and they said they were going to kill him if we didn't send it immediately. you know, at the border crossing it could have been that they identified him as an american vet and wanted to stick it to him also, you know, other than just money. megyn: he's 27 years old. he did multiple tours in iraq and afghanistan. he was suffering from post
10:47am
traumatic stress disorder. he was going to mexico to do some hunting with his friend. this is how he burns off stress. the mexican authorities said it doesn't quite comport with our laws so you and your family heirloom are in violation of our laws. he's been sitting there for four months. this picture we have of him chained to the bed like a dog -- originally they had him in the general population of this prison that's full of mexican drug cartel members. >> that right. that's when we began receiving the extortion calls. the move from the him that the consulate was able to arrange to this@ser area was to try and circumvent that happening again. megyn: now i understand based on some phone calls that were made by american officials, they removed the chain from his leg at least? >> yes, i believe as of last
10:48am
wednesday the chain was removed. megyn: i know this is the first time you have seen a picture of him. how did you feel when you saw it? >> sick. you know -- it's like a "national geographic" show that you watched except it's your son. it's inconceivable. megyn: john, we were told consular officers have visited your son four times in prison. the state department made sure his rights are protected and there is only so much they can do. this will play out in the mexican legal system the same way it would play out in the u.s. system if a mexican got caught trying to bring an illegal firearm into our country. >> in the last few days -- especially the mexican state department, but our state department, too, has been protecting themselves instead of
10:49am
protecting john. megyn: the thing that amazes me when we look at your son's case. this is an ally. this isn't like when the hikers cross over into the border of iran and next thing you know they are held there. that's a friend of ours, mexico. and we spent $1.billion on an assistance program to mexico that is now focused on helping them revamp' their legal system, their courts, their bring sns, their prosecutions. do it amaze you that given that $1.9 billion, we can't make a phone call, don't be ridiculous. he declared it. you should have just turned him around. release our marine. >> i totally don't understand it. but in one conversation i had with johnny he said to me, mom, they hate us. he said they hate -- the hatred for americans in this place is
10:50am
unbelievable. and that has haunted me. i'm not sure what that's about. megyn: from reports, in particular this group of cartel-affiliated groups down there. not all the mexican people feel that way. but his defense attorney said something similar. they are hoping to make an example of him and their power over this american marine. john, you know your son. he has been through a lot already and paid a price. ptsd is something a lot of our vets suffer with. explain your worries about his mental state. >> he's been hyper stressed alone for months now. so that's a concern now. hyper vigilant, and that is part of the thing they identify from the effects of war that they try to treat and give tools to
10:51am
treat. we are hoping we get him back today, tomorrow, as soon as possible so that we can get with him and start to help him. megyn: his next court appearance isn't until january. legal experts say nothing is likely to happen before then. let many hope they are wrong. they still have a 2% conviction rate for most crimes. so we have that going for us. i know he's facing up to 12 years. >> let many hope it's for american as well. thank you for being here. nbc news correspondent richard engel and his crew are out of syria after a harrowing ordeal. we've been there. that's why every bit of financial advice we offer is geared specifically to current and former military members and their families. [ laughs ] dad! dad! [ applause ]
10:52am
♪ [ male announcer ] life brings obstacles. usaa brings advice. call or visit us online. we're ready to help.
10:53am
10:54am
10:55am
megyn: new details on an nbc reporter captured in syria. he's describing how the rebels kept his team blindfold and tied up. he says they were not physically beaten but suffered a lot of psychological torture including threats of being killed. >> reporter: richard engel says they were escorted by a group of rebels in an area they thought was controlled by rebels when armed gunmen sympathetic to the government jumped out, heavily armed, they grabbed them and put them in a container truck. he says his cap towards were supporting the syrian government and executed one of the rebel escorts on the spot. he says they were taken to a series of safe house and they were blindfold and bound. >> we weren't beaten and
10:56am
tortured. there was psychological torture. they made us choose which one would be shot first. there were mock shootings. they threatened to to shoot gazi first. the. >> reporter: he says they were being moved again to what he thinks was a hezbollah stronghold. they unexpectedly came across a treble checkpoint. a gunfight broke out. two of his caber toes were killed, he and his crew were rescued by the rebels. >> the last five days have been difficult. we are happy to be back in turkey. we love being here. we love this country. we appreciate all the help. >> reporter: richard engel has been nbc's chief foreign affairs correspondent since 2008. he speaks fluent ea -- he speak.
10:57am
megyn: trace, thank you. as the newtown shootings turns into a national debate on gun control. both sides are talking about the assassination attempt on ronald reagan. but today michael reagan discusses some long-held myths. a man facing a possibility of jail time when he tries to make a citizen's arrest on a cop. >> who the hell do you think you are. pull over. [ loud party sounds ]
10:58am
hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.
10:59am
11:00am
megyn: a disturbing revelation from investigators in the sandy hook massacre. they say there is no indication adam lanza was taking medication
11:01am
for any health issues. land zaps parents told friends he suffered from asperger's syndrome, today considered autism. during their search of the home that lanza shared with his mother nancy they found no evidence of prescription drugs and they say he look great pains to destroy his hard drive on his computer. a sign he may have planned this rampage well in advance. rick leventhal joins us live from newtown. >> reporter: the latest development is another funeral procession passing behind us. we believe this is for jessica rekos. it is focusing on what if any
11:02am
medications adam lanza might have been taking. that was the question we all asked in the moment after this attack. mental health experts think certain medications can contribute to erratic behavior. authorities are using search warrants to obtain medical records. the word of adam's asperger's comes from statement his mom made in divorce document. one key piece of evidence may have been severely damaged, the computer hard drive to adam's computer. sources say smashed that hard drive before heading out on his shooting spree. we have been seeing funerals today. that's where earlier this morning 6-year-old james
11:03am
mattioli was remembered. he beat his due date by four weeks because he was hungry. the services began for jessica rekos. the fourth 6-year-old to be buried the last couple days. even as the mourners are paying their respects. newtown reopened five of the seven schools in this school district. sandy hook elementary is still a crime scene and may never reopen. another school that was supposed to reopen remained closed because of an unspecified threat. megyn: we heard yesterday about how there has been so many people who wanted to volunteer to help those families and help that community. and even undertakers and folks in the funeral business knowing that this -- i'm told only one
11:04am
major funeral operation in town have rushed to help it, to help the families to try to get everybody through this as quickly as possible. satisfactorily one funeral home may not have been able to handle the volume here. >> reporter: they had to hire a couple dozen more people to handle this tragic number of victim that need to be cared for and laid to rest. we heard compelling stories of people reaching out. the governor's office is trying to set up a charity that everyone can give to. one case we heard about was a coffee shop in town got a call from someone in california who wanted to buy 100 cups of coffee for mourners. they said they couldn't afford breakfast for everyone but they could buy them a coup of coffee. megyn: children are being helped in the healing process by man's
11:05am
best friend. seven dogs trained to comfort disaster survivors put smiles on the faces of children for the first time since friday. the dogs offer a sense of security that others can provide. there is something stress relieving and comforting about peght an animal and having the lover an animal even fit many only temporary. great idea. we have break news out of washington over a plan to head off a tax hike and a bunch of spending cuts. at one point it looked like both sides were close to a deal. today not exactly but we'll see. the white house rejected house speak i are john boehner -- house speaker downboehner's
11:06am
backup proposal. less than an hour ago jay carney says the president has been trying to compromise. >> the fact that he's willing to compromise and have rates go up on those making $400,000 and above as opposed to $250,000 and above demonstrates his good faith effort to reach a come premice and still have a package that's balanced and asks the wealthiest to pay more. megyn: melissa frances joins us. what are they arguing over? it seems like they are getting close. >> reporter: it seems like it. there is plan "a" and plan "b." plan "a" is the negotiation going on between speaker baron and the president. they are getting close with the president saying we'll raise taxes on people who make $400,000.
11:07am
he bummed it up to $400,000. boehner was at a million. there are thoughts they could settle at $500,000. then plan "b," the backup plan saying we take this bill from the senate. we talk about it in the house, we send it back. that started at $250,000. that one speaker boehner going in with this offer of $million. they might settle in the middle. all of these plans together cut spending by a trillion. so they are kind of -- it's almost this one for one ratio. the good old days we are talk about cutting spending by 3-1. that seems to be gone. it has a feeling like we are getting closer. there are a couple flies in the ointment. there are all the house republicans and conservatives, saying i don't know who speaker boehner is speaking for. we are not going to vote for any of this. megyn: historically we have been
11:08am
told taxes have never been raised when the republicans are in charge of the house. they don't believe we have a revenue problem, they believe we have a spending problem. if they do this they will be changing history. >> reporter: it's hard to imagine they will. the theory is why would you feed the beast and make it bigger. we need to starve it. this is the fly in the ointment for speaker boehner for sure. there is a lot of talk that he doesn't have the support to cut these deals. bret baier broke out some fantastic numbers saying we take in $5 billion a day. we spend $11 billion. no matter how much you raise taxes. can you imagine if we ran our households like that. you make $50 and you go home at night and shop online and you
11:09am
spend $110 day after day. that's how we are running our country. the reality is all of these goar yaitions don't even come close to solving our problems. megyn: we'll look back at the rich and say we raised your taxes by 4% to%. we are unrealistic in the amount of revenue we thought we needed. and at some point they will have to talk about spending cuts but no one has that curling. even the republicans are saying let's forget the spending cuts. >> reporter: it seems like no one has th the courage. we have to turn into greece first. depending on which of these scenarios we are talking about. it's all nothing. eventually they run out of
11:10am
money. the fed keeps print it. megyn: if we are going to be greece i would like a good euro. thank you. as the newtown shooting ignited a debate on gun control, some are talk about the assassination attempt of president reagan and his view on guns. michael reagan is here in a must-see interview. a michigan man is head to court after he decided to make a citizen's arrest of a police officer. here he is trying to pull the cop over. >> i said sir, you need to wear your seat belt. and it set me off. i was mad as hell. since i've lost weight i have so much more energy than i used to,
11:11am
11:12am
when i'm out with my kids, my daughter'like, "mom, wait up!" and i'm thinking, "shouldn't you have more energy than me? you're, like, eight!" [ male announcer ] for every 2 pounds you lose through diet and exercise alli can help you lose one more by blocking some of the fat you eat. simple. effective. advantage: mom. let's fight fat with alli. have a healthier holiday at letsfightholidayfat.com.
11:13am
megyn: days after the tragedy in connecticut both sides in the gun debate are talking about the rules governing our weapons. both sides are invoked the memories of president reagan who was himself shot by a crazed gunman. we'll get to trace gallagher who will set the scene for us. >> reporter: it was 69 days after he took office as president. he was walk out of a speech at the hilton in d.c. you cannot forget when he raised his hands, seconds later john
11:14am
hinckley opened fire. one of the bullets entered president reagan's chest. puncturing a lung. lodging one inch from his heart. he was pushed into the limo by a secret service agent who was also taking a bullet to the chest. he walked into the hospital under his own power. joking to the doctors hoping they were all republicans. press secretary james brady was shot in the head. he was permanently disabled. he went on to champion gun control. but even after john lennon was shot and he was shot, president reagan opposed gun control. then 10 years later he came out in a letter supporting the brady act. keep in mind the brady center has recently come out saying president obama's first year, they gave him 7 fs for his
11:15am
efforts on gun control. megyn: where would president reagan likely stand on this today? here to speak about it, his son, michael reagan. he's a political consultant and chairman of the reagan group. your dad had a unique perspective on this. as governor of california right after he was shot and 10 years after he was shot. take us through it. >> when you think about the day was shot. i said to mike, how could you let this happen with all the secret service protection my father had. he said we can train to protect the president of the united states but we'll never be able to protec pro -- never be able n enough to protect against the crazies. my father was deeply affected.
11:16am
not by the bullet in his chest. my father was deeply affected by the bullets that entered other people, with bullets that were meant for him. with my father flying back on air one. my father counted out the number 9. i said what's important about the number 9. he said in 9 more months i'll no longer be president. i said why is that important to you? he said i can go back to church. he said every since i looked out the window of that car that day and saw people laying in their own blood in bullets meant for me. i didn't want to put people in harm's way if i entered a room. so i have not been going to church on a regular basis and that's what i'm looking forward to. growing up my father owned what would be deemed an assault rifle.
11:17am
a .22 caliber semiautomatic and 15 long rifles. he gave me a gun when i was 10 years old. he believed in gun responsibility which is what he truly believed in. growing up as a father, teaching a responsible responsibility of the rifle. and what have you. 1991 is an interesting year in my father's life. let me jump in for one second. right after awas shot in 1981 he came out and said he hadn't changed his position on gun control. he said he opposed gun control and said he was disturbed with all the focus on gun control as an answer for our problem. 10 years later 1991 he's no longer in office but the brady bill is making its way through congress and he writes an op-ed that advocates in favor of that gun control bill and says look, this legislation -- this nightmare that happened to me might never have happened if
11:18am
that legislation, the brady bill had been law in 1981. >> i believe that was the 10-year anniversary. it had quite an effect on my father for the family. i remember being on the radio at the time. that was more of a blessing to james brady what he had gone through since 1981, the life he had to live and what have you. but my father believed truly that taking guns away from law-abiding citizens was not the answer to solving problems in the united states of america. and your staff and i talked on many occasions in the last week. the problem with mayor case our building blocks are broken. taking the guns away which is the end result does not solve the inherent problem in america, the building blocks, and the issues you talked about yesterday on your show. there are families out there who can't get help. you can't deal with a child. once they turn 18 they are on
11:19am
their own. you can't put them away. you need a court order for even 72 hours. when you talk on your show about there needs to be a national conversation about this and not just aim at gun control. you are absolutely correct. that is not truly the answer. gun control worked in connecticut. he tried to buy a gun twice and it didn't work out. i have been living through this because i have a daughter ashley, 29 years old, 5'2". who does that sounds like. teaches kindergarten. she has been so affected by this as so many teachers have been affected by this and what they are living with and going through. what we need to do is find a way to protect the children. putting a guard in every school. that needs to be done. that's where ronald reagan would be. he wouldn't say let's have gun control. he would say let's put guards at school and work on rebuilding the building blocks of america.
11:20am
my father says it all starts at our dinner table, not the government's dinner table. megyn: there is a question about whether adam lanza many mother'r would have had at least one of these guns if the assault weapons ban would have been in place. i don't know the answer to that. a report says two of the guns would have been band but the long begun, the ar-15 would have been. >> is the debate how many children we are willing to lose? look at john hinckley. he had basically a pea shooter. all the secret service at that time at that place with the president of the united states. he was still able to shoot four people and get 6 shots some of without a secret service agent doing anything at that point in time. are we going to negotiate how many lives? this seems to be where it's going here. how do you stop anybody from
11:21am
dying? you put a guard at schools is what you do. >> a lot of folks, you don't want to just deprive the madman of his weapon of choice. you want to control the madman. you want to do something to curb or control the desire to kill. that number one. but i think the debate about gun control has come in on when that fails how do we deprive him of the ability to hurt as many people as want. i think that's where the discussion about the magazines and all that has come in. i'll give you the last word. >> there need to be a national discussion. you are right on what you are saying on fox and on your show and that's where i would like to be. megyn: thank you so much for being here. all the best to you. as lawmakers focus on
11:22am
legislation after newtown we are hearing new heart wrenching stories of some of the people who helped survivors in the moment after the attack. jean rosen discovered a group of students patiently standing in his driveway. it wasn't until he brought them inside and comforted them with juice that he learned what they had been through. [ male announcer ] research suggests cell health
11:23am
plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+. flavor boost, meet beef. it's swanson flavor boost. concentrated broth to add delicious flavor to your skillet dish in just one stir. mmm! [ female announcer ] cook, meet compliments. get recipes at flavorboost.com.
11:24am
11:25am
megyn: an nfl running-back pays tribute to the victims of the school massacre. he ran for a 94-yard touchdown against the new york jets, and
11:26am
on those shoes were the names of the victims killed at sandy hook elementary school. he says he was heard broken by the tragedy and was fleerk any way he could remember them. it's a one of a kind training facility of counter-terrorism site that cannot be found anywhere else in the world where law enforcement officers learn to deal with cyber warfare to weapons of mass destruction. >> reporter: we have high-speed chase training going on behind me. they built a miniature world. one of the main goals is to try to put as much real life pressure as possible on federal responders. at the federal law enforcement training center in brunswick, georgia, they use blank
11:27am
ammunition, but real actors. >> you can't simulate behavior. you have to use people to i am slate behavior. >> reporter: agents a year come to the site complete with mock airplanes, bars and a test track. no embankments, no bridges, no congestion. terror attacks from the past like a sarin gas subway attacks are rehearsed along with future attacks like improvised explosive devices. response training to abductions or active shooters is only part of the mission. >> we can't afford to just respond to incidents. we have to prevent thing from happening. we get a sense from talking to
11:28am
the instructors of just how urgent and important they feel their mission is here in georgia. megyn: steve harrigan. thank you. right after this break. one of the people who helped the youngest survivors in moment after the sandy hook attack. gene rosen discovered a group of students neatly sitting in a semi circle at the bottom of his driveway near the sandy hook elementary school. it wasn't until he brought them inside comforting them with stuffed animals and juice that he discovered what they had been through. a man tries to execute a citizen's arrest and now he's facing jail time. >> you are require bid law to wear your seat belt. put your dam seat belt on. pull it over. pull your vehicle over. you understand? right now.
11:29am
>> hot hell do you think you are. pull over.
11:30am
11:31am
11:32am
megyn: we're hearing new stories of strength and resilliance after the tragedy in newtown. he one man says if there is any strength it lies in the brave students that survived that day. last friday morning gene rosen discovered a group of students in his driveway near the sandy hook elementary school. not until he brought them inside giving them stuffed an mass and juice until he learned exactly what they had just been through. he was so inspired about the percent vaerns from the tragedy he is learning the lessons from the young survivors. one of his greatest hopes is to some day see them again. gene rosen joins us live from newtown. god bless you for the help you provided those young
11:33am
children in such a traumatic moment. take us through it. you walk outside the door. you're about to go get breakfast and what did you see at the end of the driveway? >> i saw six children at the end of the driveway and i saw a man speaking kind of harshly to them in a loud voice saying, it's going to be all right, it's going to be all right. i thought it was a skit or a play or some cub scouts scouts were rehearsing. they were sitting in a very orderly way and i, i had no clue that anything had happened. when i start getting closer to them i could see the distress and the fear and the disorder they had just witnessed. they seemed out of breath. there was a school bus driver with them. and i said, come on inside. come on inside. and they just followed me. megyn: how did you first learn, it was four little girls and two little boys, that they had just run,
11:34am
literally from victoria soto's classroom, a teacher who was killed in front of them? >> i dinl learn about it until 15 minutes or 20 minutes in their stay at my house. i brought down my grandson's stuffed animals. and they played with them. they didn't say very much. i brought them some juice. and then they seemed to be calmer. we went to a different room. and then, it all started unfolding and it started this way. this boy said, we can't go back. we can't go back to the school. we can't go back. we don't have a teacher. we can't go back. and they kept repeating that. i could not fathom what they were saying. i could not take it in what they were saying. and then one of them said,
11:35am
our teacher is dead. we can't go back. mrs. soto is dead. and i think one of the girls said, there was blood in her mouth and she fell down. and then somehow they escaped. and megyn, i don't know the details of their escape. i don't know how they escaped but they must have run some portion of the road that is next to the firehouse and was picked up, were picked up by a school bus driver. and i don't know how they escaped but until i saw victoria soto's name in the casualty list i could not believe it because it was unfathomable. megyn: they were within inches of dying themselves and it was moments after
11:36am
when they were in your home. what was their affect? kids are so resilient and they don't understand evil the way we do and don't understand horror the way we do so what was their affect when they were with you? >> they were initially kind of agitated. and then the stuffed animals sealed to calm them down. then they told their story, and, it just was so hard to believe. and then as if god had sent down a little angel there was a respite from the terror and one of the boys who must be a very assertive, clever, direct boy, he said, he changed his composure and he put up his hand and he said, just saying, your house is very small. and i wanted to hold him.
11:37am
and i wanted, i thought at that moment he had, he had just brought us out of hell for just a moment and i will never forget that. megyn: oh, gene. >> and my, my, my desire is to have parents call me and to reunite with these children and to read to them and to be with them and to love them and to let them know that i'll help them find the light because they were in the darkness. that's my hope is. megyn: gene, what, what happened in terms of contacting their parents? the parents of these children were frantic that afternoon. of course i'm sure the children wanted nothing more to see their moms and dads as soon as they could. how did you make those phone calls? how did that happen? >> well we started calling their numbers because they
11:38am
told us their numbers but we would get their home phones the school bus driver had the presence of mind to call her supervisor who must have had their contact list, their, all the details of their contact. and she started calling the parents from some office i assume. and then the parents start coming. and when they came in i felt so joyful. i felt more joyful than i could ever tell you. and there was a hush in the room and i think the kids spoke very haltingly and quietly as if they were whispering a horrible secret but their parents were so relieved and i was so happy. i was so happy for them. megyn: my goodness i can't imagine for those parents hearing that their children were safe and at this other location because parents
11:39am
were waiting for children at the firehouse. that's where police have directed them. these parents children were not showing up at the firehouse, yet they were at this respite and rescued themselves and with the help of you and that bus driver staying safe. gene, i know that sadly those were not the only parents you faced that day. after the children were, went home with their parents you got another knock at the door? >> this is the worst thing that happened. this beautiful woman came to my door. she was so pretty but her face was frozen. it was frozen in fear. it looked, looked like stone and she was looking for her son. i know she felt god was going to give her a miracle and so did i. she named her son and she said, is my son here?
11:40am
and i, she said i heard six kids were here? and i said no, he's not but maybe he is at the firehouse. this was well after, i think the children had been accounted for. and i walked down to the firehouse and i lost her. i shy she went went away. later in the day i looked at the casualty list and, and her son was on it. and i want to see this woman and shake her hand and hold her. i want to pray for her. i, i can't imagine, i can't imagine what she experienced. i wish that boy had been sitting on the couch. i wish i could have given her boy but he perished. megyn: i know -- >> for no reason.
11:41am
megyn: you can understand the desperation of those parents once they heard that there were some children who had saved themselves and gotten to safety and wanting to hold onto hope that their own child might have been one of them. i want to end on this, gene. i know you said in the interview you want to see these children again. you know the parents are comforting their friends, the parents of the children who found themselves at your house that day are the lucky ones. they're comforting friend and going to funerals this week. why is it important for you to see the six young children and their folks again? >> well, it is what keeps me doing these interviews. it is what let's me sleep a little at night. i want them to call me. grand p, or uncle gene or that guy, or hey you. i want to hold them. i want to be with them. i want to tell them that there is light after the
11:42am
darkness. i want to read to them. i want to read a book to them. i want to be with them. i want to give them a special gift for christmas. i want to tell them that i will love them forever and . they will be in my heart forever and ever. i pray that their parents will call me when they can. i know they will. megyn: you've already give 10:00 them a special gift. you were there. you provided safety, a stuffed animal. a place of warmth and safety when they had come from something very different moments earlier. i know that you have a background in psychology and you said your degree did not get you through this. it was your grandkids, seeing your own grandkids faces in your minds, that is what taught you everything you needed to know. gene rosen, god bless you. thank you for being here and telling your story, sir. >> thank you, megyn. megyn: we'll be right back.
11:43am
11:44am
11:45am
11:46am
megyn: one incredible guest gene rosen was and what an incredible story and part of his story we didn't get to on camera about how one of the little girls who was with him in that house really didn't say much the entire time but clutched onto a still stuffed dalmation he gave her and stared out the window the whole time looking for her parents who came to get her. after our interview ended of mr. rosen. the grand parent of that little girl went over to him on camera, that our cameras shot that we are not going to show because it was a private moment but the two men shared something special. we're all grateful that those children made it out alive. we need to lighten the mood a little bit. there is no better way to do that as you know on this broadcast is "kelly's court".
11:47am
and we have a good one for you today. the court is back in session and on the docket today, a michigan man facing jail time after he tried to make a citzens' arrest of a police officer. the man, apparently losing it after he says he saw the cop driving without a seatbelt on and that is not all. listen. >> you are required by law to wear your seatbelt. put your damn seatbelt on. pull it over! pull your vehicle over! you understand right now! who the hell do you think you are. pull your [bleep] over!. megyn: the man behind the attempted citzens' arrest is set to go to trial on this two months from now. no plea deal could be reached but he has been charged with reckless driving. joining me now, david we'll, former prosecutor and defense attorney and ryan claypool the same. gentlemen. >> good morning, megyn. megyn: this man is very unhappy. very unhappy. his name is steven mcclain. he is 60 years old. and he says the cop was
11:48am
violating all sorts of laws and so brian, did he have the right to try to make a citzens' arrest? >> megyn, wait a minute. there is a news flash. the verdict actually came in. the judge found him guilty and sentenced him to 30 days in my 7-year-old little girl's etiquette and manners class. that is proper sentence. megyn: he is only kidding. they're going to trial which is nuts. that is nuts. he is charged with reckless driving. he shows up the other day for court hearing. they're going to trial. they're having a jury trial. the guy accusing the cops. >> sorry about that. back to the legal issue, no, he can't make a citzens' arrest. i checked the michigan statute. the only time you can make a citzens' arrest, megyn, if is felony is committed in your house or see a felony being committed in the public or a police officer asks you to assist in apprehending a suspect. none of those things
11:49am
happened here. he had no right to carry out a citzens' arrest. megyn: so what, david? the police can drive with impunity and according to mr. mcclain the cop was speeding, wasn't wearing his seatbelt and was endangering a k-9, a dog who was in the back of his vehicle. >> this mr. mcclain is looking out for the folks, megyn, in this case law enforcement. he has tremendous concern for their safety. look, was this a little overzealous? yes. thankfully he didn't do a pit maneuver. he didn't lay down spike stress. he used his camera. you think this had something to do with a youtube moment i guess? megyn: no. >> michigan there is reckless driving and careless driving. was he engaging in reckless driving endanking safety of others and himself? i don't think so. was it careless? possibly. megyn: i don't think he was looking for a youtube moment. the reports say this guy drives around taking pictures of cops not wearing seatbelts. he has 30 or 60 other
11:50am
instances doing this. i can't remember number. this is real issue for him. listen how angry he is is. play sound bite number one. >> okay. >> when the light turned green he took off at such a high rate of speed and i could see it was a k-9 unit. i was concerned for the possibility of a dog being inside. i said, sir, you need to wear your seatbelt. he started laughing. that set me off. i was mad as hell. megyn: so i mean, brian, does it amount to reckless driving for him to do it? >> megyn he was looking out the window talking to a police officer. megyn: so was the police officer. >> police officer is reacting to him. he initiated. he can't drive a car looking out your window. megyn: he was reacting to a police officer going too fast and not looking out for the dog to out in the back. >> i will send mcclain a e-mail. make a list of community service organizations he could volunteer to help with because he has way too many time on his hands. megyn: the rules apply to
11:51am
all of us, do they not, david? as i raid the rules, police get exceptions for traffic rules when they're in pursuit and they have sirens on. this wasn't that situation. how do we hold them accountable? >> he wasn't speeding. there were no sirens on. same laws that apply to you, me, and brian apply to him. he was not wearing seat belt. he was not trying to effect a citzens' arrest. he was trying to stop the officer. if the officer was not compliant with the law. i was going to call the police department and come over and effect a citation. megyn: trying to get a cop arrested. 90 days in jail would be a whopper for this guy. we'll see how the trial goes. we'll be right back. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. i just finished a bowl of your new light chicken pot pie soup and it's so rich and creamy...
11:52am
is it really 100 calories? let me put you on webcan... ...lean roasted chicken... and a creamy broth mmm i can still see you. [ male announcer ] progresso. you gotta taste this soup.
11:53am
11:54am
♪ .
11:55am
megyn: for years one new jersey town has been mysteriously losing pine trees around christmastime. town leaders say it's residents trying to steal a free christmas tree. so how exactly should they crack down on that? well apparently the solution has been right under their nose the whole time. nothing says christmas like stealing, trace. >> reporter: nothing does. this port republic, new jersey, has a quaint little area with tennis courts and ice skating ring but it gets windy. they put up the pine trees to act as wind barrier. wouldn't you know, every christmas somebody comes buy to steal a few of christmas trees, the mayor, that man right there, went to his friends in the forest service to come up with a stinky repellant. they mixed two containers of deer repellant with moss bunker juice. listen. >> moss bunker juice they
11:56am
actually use in fertilizer. he said mix that with this thing. do it twice. put two coats on it. and when you get within five foot of that tree you're not going to want to take it into your living room. >> reporter: oh, no. what does it smell like? sulfur with a hint of rotten eggs, with another hint of rotten fish. since they sprayed the repellant all over the trees, not a single one, megyn has been stolen. not a single one. kind of bummed the mayor out. because he wanted to drive around neighborhoods to see if anybody tossed out the tree because it smelled so badly. once you get in the house and heats up the smell gets four times worse than leaving it out in the cold. megyn: clever solution actually. >> reporter: is. megyn: good to know. thanks, trace. >> reporter: okay. megyn: we'll be right back. don't go away. i gave birth to my daughter on may 18th,
11:57am
11:58am
five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen.
11:59am
[ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story. >>megyn: a photo sharing service has changed their

Terms of Use (10 Mar 2001)